E/CN.4/2002/97
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9.
Further signs of continuing interest by the United Nations in the problematic of
indigenous peoples are the establishment by the Economic and Social Council of the Permanent
Forum on Indigenous Issues (to meet for the first time in May 2002), and the appointment by the
Commission of a Special Rapporteur on the situation of human rights and fundamental freedoms
of indigenous people (2001). OHCHR and other United Nations bodies have also organized
numerous consultations, workshops and other events concerning this topic. In 1993, the
General Assembly requested United Nations financial institutions, operational programmes and
specialized agencies, to give increased priority and resources to improving the conditions of
indigenous people. The Special Rapporteur will maintain close relations with these bodies to
ensure complementarity in the United Nations work on this mandate.
10.
This introduction will briefly review the principal texts concerning indigenous peoples
that have been produced by the United Nations system and other multilateral institutions, mainly
in order to sketch out various international human rights standards that specifically address the
rights of indigenous peoples, which are, in turn, the basis for the Special Rapporteur’s mandate.
A. Legally binding instruments concerning indigenous peoples
1. ILO Convention No. 169 (1989)
11.
The International Labour Organization showed an early interest in the situation of
indigenous peoples. In 1957 the ILO adopted Convention No. 107 on indigenous and tribal
populations in independent countries. Some 30 years later, recognizing that the international
environment for indigenous peoples had changed, the ILO proceeded to review Convention
No. 107 and in 1989 the General Conference adopted the Indigenous and Tribal Peoples
Convention, better known as “Convention 169”, which entered into force in 1991.
Convention 169 has now been ratified by 14 countries: Argentina, Bolivia, Colombia,
Costa Rica, Denmark, Ecuador, Fiji, Guatemala, Honduras, Mexico, Norway, Netherlands,
Paraguay and Peru.1
12.
Convention 169 deals, among other aspects, with the right to possession of land and
territories traditionally occupied by indigenous peoples, the recognition of their cultural, social
and religious values, custom-based law, the right to health services, and the right to benefit from
equal conditions of employment. Complaint procedures are handled by the ILO Committee of
Experts on the Application of Conventions and Recommendations and a tripartite committee, to
which indigenous individuals and organizations have indirect access through the ILO tripartite
structure. Two interrelated themes have arisen repeatedly, both in the comments of the
Committee of Experts and in the reports of tripartite committees established to examine
representations brought against States under article 24 of the ILO Constitution. These are the
duty of States to consult with indigenous and tribal peoples when consideration is being given to
legislative or administrative measures that affect them, and the same duty of consultation prior to
the exploration or exploitation of natural resources on the lands they occupy or use. In its report
submitted to the International Labour Conference in 1999, the ILO Committee of Experts
observed that Convention No. 169 was the most comprehensive instrument of international law
for the protection in law and in practice of the right of indigenous and tribal peoples to preserve
their own laws and customs within the national societies in which they lived.2 The Convention